Article 142
The Supreme Court has invoked Article 142 of the Constitution to quash FIRs registered against students and young people who participated in protests over the NEET-UG paper leak issue between 20 and 25 July 2026.
The Court extended relief to those who had participated bona fide and peacefully, distinguishing legitimate democratic protest from acts involving violence, destruction of property or serious disturbance of public order. The ruling is important for understanding the relationship between the right to protest, fundamental freedoms and the extraordinary powers of the Supreme Court.
What is Article 142 of the Constitution?
Article 142 empowers the Supreme Court to pass any decree or order necessary for doing “complete justice” in a case or matter pending before it.
This provision enables the Court to provide effective remedies where ordinary legal mechanisms may not be sufficient.
Key Features of Article 142
Complete Justice:
The provision allows the Supreme Court to mould relief according to the circumstances of a case so that justice is not defeated merely because of procedural or legal gaps.
Extraordinary Constitutional Power:
Article 142 gives the Court broad discretionary authority, but this power is meant to be exercised cautiously and only where justice demands it.
Nationwide Enforcement:
Orders issued under Article 142 are enforceable throughout the territory of India.
Gap-Filling Role:
The provision can be used where existing law does not provide an adequate or effective remedy.
Limitations:
Article 142 cannot ordinarily be used to disregard substantive statutory law or violate express constitutional provisions.
Article 19 and the Right to Peaceful Protest
The Constitution does not separately mention a “right to protest”, but peaceful protest flows from the freedoms guaranteed under Article 19.
Article 19(1)(a)
It guarantees the freedom of speech and expression, allowing citizens to express opinions, criticism and disagreement with government policies.
Article 19(1)(b)
It guarantees citizens the right to assemble peacefully and without arms, which forms the constitutional basis for demonstrations and public protests.
However, these freedoms are not absolute.
Reasonable Restrictions on Protest
Under Article 19(2), the State may impose reasonable restrictions on freedom of speech and expression on grounds including:
- Sovereignty and integrity of India
- Security of the State
- Public order
- Decency or morality
- Contempt of court
- Defamation
- Incitement to an offence
Similarly, Article 19(3) permits reasonable restrictions on peaceful assembly in the interests of public order and the sovereignty and integrity of India.
Therefore, constitutional protection extends to peaceful dissent, but not to violence, destruction of property or serious obstruction of public order.
Why is the Supreme Court Ruling Significant?
The ruling reinforces the democratic importance of peaceful protest.
It indicates that students or citizens who participate genuinely in public demonstrations should not automatically face prolonged criminal proceedings merely for expressing dissent.
At the same time, the judgment does not create an unrestricted immunity for protesters. Those involved in violence, vandalism or serious criminal acts may still be proceeded against under law.
The case therefore seeks to maintain a balance between:
- Individual liberty
- Democratic dissent
- Public order
- Rule of law
Important Supreme Court Cases Related to Article 142
Union Carbide Corporation v. Union of India (1991)
In the Bhopal Gas Tragedy litigation, the Supreme Court invoked Article 142 while facilitating settlement and emphasised its power to provide complete justice in exceptional circumstances.
Supreme Court Bar Association v. Union of India (1998)
The Court clarified that Article 142 cannot be used to override substantive law. Its extraordinary power must operate within the broader constitutional framework.
Laxmi Kant Pandey v. Union of India (1984)
The Supreme Court framed safeguards governing inter-country adoption to protect children in the absence of an adequate statutory framework.
Vishaka v. State of Rajasthan (1997)
In the absence of legislation on workplace sexual harassment, the Supreme Court issued the Vishaka Guidelines, creating an interim protective framework until Parliament enacted a law.
Shilpa Sailesh v. Varun Sreenivasan (2023)
The Supreme Court held that it could exercise Article 142 to dissolve a marriage on the ground of irretrievable breakdown in appropriate cases, even where ordinary statutory remedies were inadequate.
Democratic Importance of the Right to Protest
Peaceful protest performs several functions in a constitutional democracy:
- It allows citizens to express grievances.
- It enables public scrutiny of government action.
- It strengthens accountability.
- It gives students, workers and other groups a peaceful mechanism for collective expression.
The right to dissent is therefore closely connected with democratic participation, although it must coexist with the rights of others and maintenance of public order.
Conclusion
The Supreme Court’s use of Article 142 in the NEET-UG protest cases highlights the Court’s role in protecting individual liberty while ensuring complete justice.
The decision also reinforces an important constitutional principle: peaceful dissent is part of democratic life, but it must remain within the boundaries of law. By balancing Articles 19 and 142, the ruling underlines the need to protect legitimate protest without weakening public order or legal accountability.
FAQs: Article 142 of the Constitution
What is Article 142 of the Indian Constitution?
Article 142 empowers the Supreme Court to pass orders or decrees necessary to do “complete justice” in matters before it.
Does Article 142 give unlimited powers to the Supreme Court?
No. The power is extraordinary and must be exercised cautiously. It cannot ordinarily be used to override substantive statutory law or violate express constitutional provisions.
What is the constitutional basis of the right to peaceful protest?
The right to peaceful protest flows primarily from Article 19(1)(a), freedom of speech and expression, and Article 19(1)(b), the right to assemble peacefully and without arms.
What restrictions can be imposed on peaceful protests?
Under Articles 19(2) and 19(3), reasonable restrictions can be imposed, including in the interests of public order and the sovereignty and integrity of India, among other constitutionally specified grounds.
Which important Supreme Court cases illustrate the use of Article 142?
Important cases include Vishaka v. State of Rajasthan (1997), Supreme Court Bar Association v. Union of India (1998), Union Carbide Corporation v. Union of India (1991), and Shilpa Sailesh v. Varun Sreenivasan (2023).
